Taita Taveta assembly to pay nominated MCA for suspending him

 

The Taita Taveta County Assembly must pay a nominated MCA all financial benefits he was entitled to for the 28 days he was illegally suspended, a court has ordered.

The court also ruled that the July 30, 2020 resolution suspending Christopher Mwambingu was illegal, null and void.

Mr Mwambingu sued in the High Court in Mombasa, arguing that he was suspended without any inquiry being conducted to form a basis for the assembly’s action as required by law.

Justice Eric Ogola ruled that the suspension motion should have allowed adequate time between issuing the order paper and debating it so he could prepare his defence.

“I find and hold that 12 hours’ notice was not adequate in the circumstances of the case,” Justice Ogola ruled.

He also noted that Speaker Meshack Maghanga, who had been sued by Mr Mwambingu, did not provide the court with the Hansard report for July 30 yet the one for July 21 was made available.

The MCA, the judge said, was not given sufficient detail about the reason for his suspension and this violated his right to a fair trial.

In his petition, Mr Mwambingu also challenged his removal from the chairmanship of the Public Accounts and Investments Committee and his membership on other committees.

“No known allegation has been made against the petitioner that constitutes gross misconduct nor has he failed to obey any rule, order or resolution of the Assembly,” argued the MCA.

He also argued that he had not contravened any law or Speaker’s orders and nor had he conducted himself in a way intended to reflect adversely on the dignity or integrity of the assembly or its members.

Mr Mwambingu argued that before his suspension, he was never served with any notice or resolution of the decision to suspend him and was not given the reasons or heard before being suspended.

He said he learnt about his suspension in a notice from the assembly.

For his part, Speaker Maghanga argued that he received a notice from the party that nominated Mr Mwambingu to the select committees, informing him that they had removed him.

Mr Maghanga said he followed the standing orders by performing his duty of informing the House of the party’s decision to discharge the MCA from various committees.

The Speaker said his role in the suspension was limited to receiving the motion from members and tabling the question for consideration by the House under the standing orders.     BY DAILY NATION